Introduction Before learning about the various aspects of Law of Torts and reformations needed in India, it is expedient for us to understand what a ‘tort’ is. Tort is a wrong done to a person, but it is not a criminal wrong. Rather, it’s a branch of civil law tree. It is a civil wrong…
IMPORTANCE AND JUSTIFICATIONS OF VICARIOUS LIABILITY: Vicarious liability is the liability by which the master is held liable for the wrongs committed by the servant. It is so because the employee is working necessarily for the master’s financial interest. The master is the one who authorises the servant to do certain job and the acts…
Vicarious liability may be defined as the imposition of liability upon one party for the wrongs committed by another party[1]. Vicarious liability is used as a term to impose strict liability on a party who is not primarily liable, that is, not at fault. It literally means that one person is liable for the wrongs…
Every person has got a duty to behave in a responsible manner and also perform his work as a prudent person with reasonable care. Medical people are also expected to show the care and skill not as a layman but as a member of his class. Such a person when consulted by a patient owes…
The concept of contract damages is as old as contractual ties themselves. Damages have become increasingly important in economic transactions, as well as as punitive measures for violations of the rights of the parties involved. Damages are a type of monetary compensation that an aggrieved party can seek from the defaulting party when there is…
Damnum Sine Injuria is a legal maxim in tort law that deals with damages produced by negligence. As a result, it primarily deals with damages that occur when there is not an infringement of legal rights. Because no legal rights of any individual person have been infringed upon, this cannot be enforced in a court…
The term Nuisance has been derived from the Latin term nocere or nocumentum and the French word nuire. Which means to do harm or to annoy. The term nuisance literally means annoyance, anything which works hurt, inconvenience or damage or which essentially interfere with the enjoyment of life or property. Ordinarily nuisance means disturbances. But…
WHAT IS VOLENTI NONFIT INJURIA? Volenti non fit injuria is one of the defence under the law of torts in which the person who has committed a wrong is exempted from liability because the victim of such a wrong gives his consent to the commission of such an act and such a consent must be…
General defences are a set of ‘excuses’ that you can undertake to escape liability. In order to escape liability in the case where the plaintiff brings an action against the defendant for a particular tort providing the existence of all the essentials of that tort, the defendant would be liable for the same. It mentions…
INTRODUCTION: When a lawsuit is brought against a defendant for the commission of a tort and all of the components of that wrong are present, the defendant is deemed accountable. Even in such circumstances, the defendant can avoid culpability by pleading with one of the tort law defences. Some defences are more specific to certain…
